International Arbitration & Cross-Border Litigation

When disputes arise out of international transactions and investments, most companies prefer to resolve them under trusted international arbitration rules rather than in unfamiliar foreign courts. McMillan lawyers are experienced advocates for clients before a wide range of international arbitration tribunals. We have handled international arbitrations involving parties from all corners of the world, arising from international contracts in virtually all major industries.

We are one of few Canadian law firms to consistently be ranked among the world’s top 100 international arbitration law firms, as selected by Global Arbitration Review. Many of our international arbitration lawyers have also been recognized by leading directories such as Chambers Global, Who’s Who Legal: Commercial Arbitration, Best Lawyers in Canada, Lexpert and Euromoney’s Guide to the Leading Experts in Commercial Arbitration.

When clients invest in emerging economies, McMillan’s international arbitration lawyers can play a critical role.  We review dispute resolution provisions in commercial contracts and assist companies to structure their investments to obtain treaty protections from threats of expropriation and other unfair actions of a host state. We also represent investors in arbitrations brought against states under a wide range of bilateral investment treaties and free trade agreements.

McMillan’s Cross-Border Litigation team has appeared before all levels of court in all major Canadian jurisdictions in a wide-range of international litigation.  We have addressed challenges to the jurisdiction of Canadian courts over foreign parties and enforced foreign arbitral awards, court judgments and orders, including through pre-judgment orders to preserve assets in Canada.  We have also advised businesses on treaties, legislation and customary international law relating to international sales transactions, foreign state immunity and international human rights claims.